Disposed¶18

Davinder Kumar v. State of Punjab and Ors.

Punjab & Haryana HC15 Jan 2025CWP/767/2025

Case brief

AI extract

What is this about?

CWP-767-2025; writ petition; retiral benefits; gratuity; pension; leave encashment; GPF; superannuation 31.07.2023; legal notice dated 18.09.2024; State of Punjab; delay in payment; direction to decide legal notice within 4 months; disposed of without commenting on merits; adverse order to contain reasons.

What did the court decide?

Direction to the respondents to decide the petitioner's legal notice dated 18.09.2024 (claim to unpaid retiral benefits) within four months; upon such decision, after notice and hearing, to grant the benefit forthwith if the petitioner is found entitled; any adverse order to carry reasons, leaving the petitioner free to seek further legal redress. ¶18

Davinder Kumar Vs State of Punjab and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Non-payment of gratuity and pension, and payment of leave encashment and GPF only after more than 16 months, to a petitioner who superannuated on 31.07.2023, despite a legal notice dated 18.09.2024 that went unanswered. +1 more

¶14

Court's answer

Upon deciding the legal notice, after notice and hearing offered to the petitioner, if found entitled, the benefit shall be granted forthwith.

¶22

Ratio / Principle

The petition is disposed of, without commenting on the merits of the case, with a direction to the respondents.

¶18

Key takeaways

The respondents are directed to decide the legal notice dated 18.09.2024 within a period of four months, in a just, fair and reasonable manner.ratio¶22
If the resulting orders are adverse to the petitioner's interest, they shall contain reasons, and the petitioner shall be free to seek legal redress thereupon.ratio¶22

Detailed headnote1 paragraphs

Civil Writ Petition (CWP-767-2025) concerning retiral dues of a petitioner who retired on superannuation on 31.07.2023: leave encashment and GPF were paid only after more than 16 months, while gratuity and pension remained unpaid despite a legal notice dated 18.09.2024 (Annexure P-3) served on the respondents (State of Punjab and Others) that drew no response. At the petitioner's limited prayer, and expressly without commenting on the merits, the Court disposed of the petition with a direction to the respondents to decide the said legal notice within four months in a just, fair and reasonable manner; on a favourable finding after notice and hearing, the benefit is to be granted forthwith, and any adverse order must state reasons, leaving the petitioner free to pursue further legal remedies.

�� 

��

��CWP-767-2025��

��

�� ��

��

State of Punjab and Others

�� !��

��

��

�� "��#��$�%��&��!�� ��

¶12

��

¶13

'&��!��(��&��!��!��)��&��!�� !�(��&��*��)��(�+��&��

¶14

Learned counsel would contend that the petitioner retired on attaining the age of superannuation on 31.07.2023, however, leave encashment and GPF has been paid, after more than 16 months as also gratuity and pension have not been paid, with regard to which , a legal notice dated 18.09.2024, Annexure P-3, has been served upon respondents, but the same has yet not evoked any response.

¶15

He thus, at this stage, on instructions from the petitioner prays that a direction is given to the respondents to decide the same in a time bound manner .

¶16

Notice of motion.

¶17

%��&��,��)��&��-��$ ��%��.�!��$��%.��/�0 accepts notice on behalf of the respondent-State and has no objection to the limited prayer made.

¶18

In view of the above and without commenting on the merits of the case, this petition is hereby disposed of with a direction to the respondents to

¶19

MOHIT 2025.01.15 15:42 I attest to the accuracy and integrity of this document

¶20

CWP-767-2025��

¶21

��

¶22

decide the legal notice dated 18.09.2024, within a period of 4 months, which this Court has no reason to believe the authorities would not address in a just, fair and reasonable manner. Upon doing so, after notice and hearing offered to him and if found entitled, grant the benefit forthwith. Needless to say, if the orders are adverse to his interest, the same shall contain reasons and the petitioner shall be free to seek legal redress thereupon�

¶23

�� 

¶24

!�" ��"�! �� 1&��&��!��,��)2�� 3��2��4� 1&��&��!��0*�� 3��2��4�

¶25

MOHIT 2025.01.15 15:42 I attest to the accuracy and integrity of this document

Davinder Kumar v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Davinder Kumar v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Case details

Similar cases

Navdeep Kaur Vs State of Punjab and Another

Raj Pal Vs Kurukshetra University Kkr.& Ors.

Sajjan Singh Vs State of Punjab through Its Secretary

Parminder Singh and Others Vs State of Punjab and Others

Jogpal Vs State of Punjab and Others

Jagjit Singh Vs State of Punjab through Its Secretary